by Traverse Legal, reviewed by Enrico Schaefer - October 25, 2006 - Uncategorized
President Bush is expected to sign the Trademark Dilution Revision Act of 2006. [Full text of the Act click here] The Act essentially overrules the Supreme Court’s 2003 Moseley decision, which held that in order to be successful, a dilution plaintiff must allege and prove actual dilution of its mark. Under the Dilution Revision Act, plaintiff need only show a "likelihood of dilution" to sustain a claim.
This Dilution Revision Act also does away with the "niche market fame" test which allows a mark to be considered famous if it is well known within a niche market. The Act provides that "a mark is famous if it is widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark’s owner."
As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.
